(HC) Lafond v. Warden, FCI Mendota

Filing 15

ORDER signed by Magistrate Judge Allison Claire on 1/18/2023 ORDERING that within 30 days of the date of this order petitioner shall file a response to 10 Motion to Dismiss. (Huang, H)

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Case 2:22-cv-01093-AC Document 15 Filed 01/18/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAOUL LAFOND, 12 Petitioner, 13 14 No. 2:22-cv-1093 AC P v. ORDER RAPHAEL ZUNIGA, 15 Respondent. 16 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 13, 2022, respondent filed a motion to dismiss. ECF No. 10. To date, 20 21 petitioner has not filed a response to the motion. Therefore, petitioner will be ordered to file a 22 response and to do so within thirty days. See Rules Governing § 2254 Cases, Rule 5(e); Rule 23 1(b) (stating Section 2254 rules may be applied to non-2254 habeas petitions). Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order 24 25 petitioner shall file a response to respondent’s motion to dismiss. 26 //// 27 //// 28 //// 1 Case 2:22-cv-01093-AC Document 15 Filed 01/18/23 Page 2 of 2 1 Petitioner is cautioned that failure to file a response within the time allotted will result in a 2 recommendation that this matter be dismissed. 3 DATED: January 18, 2023 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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